Today, he writes an enlightening account of the legal battles between sugar and HFCS trade associations over marketing issues, in which I seem to have played a part. The story quotes me:

Marion Nestle, a New York University professor and nutrition expert named in several documents [scroll down to “Using Marion Nestle”] as someone whom corn industry executives sought to influence, said the role both industries played was unfortunate.

“It is a plague on both of their houses,” she said, adding that she felt manipulated by the corn refiners industry, which used her statements to defend its products. “It is a disgusting performance neither should be proud of.”

Mr. Lipton sent me two of the documents last night (letters from Audrae Erickson of the Corn Refiners Association to Larry Hobbs of the Institute of Beverage Technologists, and to J. Justin Wilson of Rick Berman’s public relations arm of the Center for Consumer Freedom).

Here’s my recollection of how I ended up in this lawsuit:

Yes, I argue that the science shows that sucrose (table sugar) and high fructose corn syrup (HFCS) contain the same sugars—glucose and fructose—and do much the same things in the body. I think everyone would be better off eating a lot less of either. I repeated this in many blog posts over the years.

Sometime in 2010, Christopher Speed, then director of food and nutrition sciences at Ogilvy Public Relations, asked if I would meet with his client, Audrae Erickson, president of the Corn Refiners Association (CRA). I agreed, provided the CRA make a contribution to the NYU library’s food studies collection for cataloging expenses. This turned out to be $1,500. We met.

Shortly after that, my statements about the equivalence of sucrose and HFCS appeared on the Corn Refiners’ website.

I asked to have the comments removed.

Ms. Erickson’s response? My comments were public and if I wanted them removed I could take the CRA to court.

That ended our correspondence.

From Mr. Lipton’s account I learned for the first time of the CRA’s involvement with the Center for Consumer Freedom (see previous blog posts).

This explains what had been a great mystery. The Center for Consumer Freedom has not exactly been my great fan. It features me under ActivistCash, and usually has rather unpleasant things to say about my work and opinions.

Soda is a hot topic. And the conversation is full of opinions and myths, but not enough facts. America’s beverage companies created this site to clear a few things up about the products we make. So read on. Learn. And share the clarity.

Myth: The obesity epidemic can be reversed if people stop drinking soda. [I’m not aware that anyone is claiming this. Bloomberg’s proposal is aimed at making it easier for soda drinkers to reduce calorie intake.]

Fact: Sugar-sweetened beverages account for only 7% of the calories in the average American’s diet, according to government data. [The figure applies to everyone over the age of 2—to those who do and do not drink sodas. The percentage is much higher for soda drinkers.]

Coca-Cola is using a second strategy: divert attention. Its full-page ad in Sunday’s New York Times said:

Everything in moderation. Except fun, try to have lots of that.

Our nation is facing an obesity problem and we’re taking steps to be part of the solution. By promoting balanced diets and active lifestyles, we can make a positive difference.

By “balanced diets” Coke means varying package sizes. By “active lifestyles” Coke means partnerships with Boys & Girls Clubs of America and gifts to national parks. This approach merits its own website: livepositively.com.

Q: Is there any merit to limits being placed on the size of sugary drinks folks can buy?

A: Sugary drinks can be a part of any diet as long as your calories in balance with the calories out. Our responsibility is to provide drink in all the sizes that consumers might need. [Need?]

Q: But critics call soft drinks “empty” calories.

A: A calorie is a calorie. What our drinks offer is hydration. That’s essential to the human body. We offer great taste and benefits whether it’s an uplift or carbohydrates or energy. We don’t believe in empty calories. We believe in hydration. [Water, anyone?]

Putman, whose positions at Coca-Cola included U.S. head of marketing for carbonated drinks, said in the interview that among his achievements was tailoring the company’s national advertising campaigns to specific groups. The approach helped Coca-Cola intensify marketing to target audiences such as African Americans and Hispanics.

“It was just a fact that Hispanics and African Americans have higher per capita consumption of sugar-based soft drinks than white Americans,” he said. “We knew that if we got more products into those environments those segments would drink more.”

CCF, as I have explained previously, is used as an attack dog by the National Restaurant Association and other food and beverage organizations to stave off criticism of their contributions to obesity, poor health, and environmental degradation.

It gets paid to use tactics that food and beverage companies are afraid to do on their own because they might offend customers or stockholders. Its funders get to hide behind these tactics.

The Washington Legal Foundation (WLF) placed an ad in yesterday’s New York Times.

The Real Nutritional Guidelines

The ad continues:

Paternalistic plaintiffs’ lawyers, government officials, and professional activists are pecking away at consumers’ freedom of choice. They think we can’t manage our own lives, and through lawsuits, regulations, and taxes, they want to make our food choices for us—while profiting handsomely in the process. If we let these New Prohibitionists eat off our plates today, what other personal freedoms will they target tomorrow?

The Washington Legal Foundation advocates for a free market economy, a common sense legal system, a transparent and accountable government, and a strong national defense. Our legal team shapes legal policy through aggressive litigation and advocacy at all levels of the judiciary and the policy-making arena.

Addition, October 19: Thanks to readers for the enlightening comments. One sent this document, in which WLF explains its mission.

If consumer protection were the real goal [of consumer advocates], then special interest ideologues would applaud businesses’ vigorous self-regulation of their advertising, and advocate viable, non-censorship solutions such as increased enforcement of underage drinking laws and more education on healthy food.

Instead of dumbing down America through activism, why not focus our efforts on real problems we face and produce drugs and vaccines to deal with pandemics, bioterrorism, and cancer. These are critical challenges that make the radical causes of self-anointed consumer advocates look petty and hopelessly irrelevant.

Marion Nestle to Become Biggest New York McDonald’s Franchisee

Food and lifestyle critic Marion Nestle announced* this morning that she plans to invest in twelve Manhattan McDonald’s restaurants upon her retirement next month from New York University. The move will make the nutrition activist New York’s largest Golden Arches franchisee.

“It was a natural fit for me,” Nestle told The New York Times.* “After years of harping on the fast-food guys, I realized something shocking: People like affordable, tasty food. I’m certainly not going to get rich in my golden years by selling organic carrots and quinoa.” Former Times reporter Marion Burros returned from her own retirement to conduct the Marion-on-Marion interview.

A new special edition of Nestle’s book What to Eat is planned for the fall,* complete with a special cover designed by Hallmarks musical greeting-card department. Every time you open the book, Nestle’s own voice will be heard singing “Ba-da-bap-BAH-BAH! Im lovin it!”

Nestle added in a special Q&A for Mother Jones* that in her new role as a restaurateur, she would have to re-think practically everything she had written about food-industry marketing. “Momma’s got to make a living,” Nestle said. “I’ve promised the Socialist Scholars Conference that I’d co-sponsor next year’s event in Havana. So if I have to walk down Broadway dressed as Mayor McCheese to get butts in the seats, I’ll do it.”

It is always interesting to watch the food industry deal with criticism. One common strategy is to discredit critics through personal attacks. Most companies are too embarrassed to do this publicly. Instead, they pay public relations firms—in this case, the Center for Consumer Freedom—to do this for them.